The Judicature Act of New Brunswick 1906 and Rules of Court

Front Cover
Telegraph Publishing Company, 1906 - 541 pages
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Contents

56
32
5
33
63
34
NEW BRUNSWICK
36
Interest on verdicts
37
10
38
13
39
20
40
21
41
27
42
4 29
43
33
44
40
47
583 584 585
51
ENGLISH 87
58
92
59
III
60
103
61
107
62
112
63
114
64
117
65
120a 1206 120c 120d 121
66
125
67
129
68
NEW BRUNSWICK 4959985864865668838RINDARRER 47 50 51 52 57 60 61 62 67 74 75 76 77 78 79 80 81 82 83 84 86 87 ENGLISH 133 1...
69
140
70
143
71
252
72
154
73
160
74
165
75
173
76
175
77
180
78
185
79
NEW BRUNSWICK
80
198
81
203
82
204
83
208
84
209
85
215
86
220
87
BRUKERANA
88
229
89
233
90
237
91
ENGLISH
92
601
93
XXIX
95
305
96
306
106
308
107
313
108
317
109
111
111
336a 337
113
349
115
356
116
361
117
366
118
372
119
377
120
GenerallyRules 1 to 3
121
Examination of witnessesRules 4 to 27
122
ENGLISH 387 389 390 391
123
393
124
397
125
400
126
SubpoenaRules 28 to 34
128
Perpetuating testimonyRules 35 to 38
129
Affidavits and DepositionsRules 1 to 16
130
425
131
431
132
Trial on affidavitRules 17 to 22
133
Motion for new trialRules 1 to 6
134
443
135
Motion for judgmentRules 1 to 9
136
Settlement of and entry of judgmentsRules 1 to 12
137
462
138
466
139
ExecutionRules 1 to 28
140
Pr¿cipe of fieri facias
141
479c 480 481 481a 482 483
142
488
143
490
144
Writs of execution and sequestrationRules 1 to 4
145
AttachmentRules 1 to 3
146
Writ of possessionRules 1 to 4
147
Writ of deliveryRules 1 and 2
148
518
149
521
150
525
151
Receivers Rules 16 to 22
152
LiquidatorsRule 23
153
Action of mandamusRules 1 to 4
154
547
156
66
157
Actions by and against firms and persons carrying on busi ness in names other than their ownRules 1 to 11
158
557
159
561
160
I GenerallyRules 1 to 7
161
Sales of infants estates etc Rules 8 to 14
162
191
163
Sales of lunatics estates etc Rules 15 to 23
164
580
165
Foreclosure sales and mortgage actionsRules 24 to 33
166
Partition actions and salesRules 34 to 42
170
Vesting of titles and execution of conveyances etc by order of CourtRules 43 and 44
173
676
193
Trustees Rules 1 to 14
194
Declaration on originating summonsRules 1 to 4
198
Administration and trusts foreclosure and redemption in quiries for creditors etc Rules 1 to 35
199
698
200
703
201
704
203
709
204
722
205
InterpleaderRules 1 to 18
207
735
208
737d 737e 738 739 740 741
209
743
210
Motions and other applicationsRules 1 to 15
211
755
212
761
213
Applications and proceedings at ChambersRules 1 to 19
214
771
215
775
216
Consolidation of actionsRule
217
Compounding penal actionsRules 1 to 3
218
20
221
806
224
Bailable proceedingsRules 1 to 30
225
818
226
821
227
826
228
830
229
MisnomerRules 1 and 2
232
AppealsRules 1 to 29
233
850
234
854
235
857
236
861
237
866
238
CertiorariRules 1 to 5
239
875
240
TimeRules 1 to 11
241
NEW BRUNSWICK 702 703 704 705 706 707 727 728 777 776 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 ...
242
CostsRules 1 to 27
243
893
244
902
246
908
247
912
248
915
249
Writs office documents etc Rules 1 to 17
256
Notices papers etc Rules 1 to 5
258
Service of orders etc Rules 1 to 9
259
944
260
Application of Rules in Crown and matrimonial casesRules 1 to 3
261
Effect of noncomplianceRules 1 to 4
262
General rulesRules 1 to 4
263
BRUNSWICK
269
Memorandum of appearance
272
66
284
Confession of defence
290
Certificate of officer after trial with a jury
297
37
298
Account of personal estate being Account A referred to in Form
303
Actions included in Order II Rule 5 Classes A B C D E and
316
Actions for recovery of land
327
To actions included in Order II Rule 5 Classes A B C D E and
338
APPENDIX
348
66
352
possession and fi
358
Certiorari
359
Fieri facias
364
FORMS OF REPLY ETC TO BE USED PURSUANT TO ORDER XIX RULE 4
370
Summons general form
379
Orders to amend
387
reference under O 64 r 13
393
38
399
Summons for receiver with injunction
405
53
408
APPENDIX
414
II
422
Receivers account
427
Table of Costs
446
60
447
373
449
471
458
66
1
133
4
Interrogatories
6
8
7
135
8
64
9
138
11
Admission of facts pursuant to notice
13
139
16
71
18
86
24
145
29
147
30
93
31
272
32
348
33
357
34
148
38
152
39
97
41
153
47
154
48
158
55
160
56
162
66
171
67
114
71
115
77
177
79

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Common terms and phrases

Popular passages

Page 56 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 150 - A mandamus or an inJunction may be granted or a receiver appointed by an interlocutory order of the Court in all cases in which it shall appear to the Court to be just or convenient that such order should be made...
Page 93 - Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit before the same is executed; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 220 - If any party to a submission, or any person claiming submission6 " through or under him, commences any legal proceedings in any Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that Court to stay the proceedings...
Page 23 - ... the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the Law of Bankruptcy with respect to the estates of persons adjudged bankrupt...
Page 242 - ... a Court or a judge. (5. A Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.
Page 20 - ... connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim, pursuant to any...
Page 20 - No cause or proceeding at any time pending in the High Court of Justice, or before the Court of Appeal, shall be restrained by prohibition or injunction ; but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained, if this Act had not passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto...
Page 56 - And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment.
Page 144 - ... apply to the Court or a Judge for leave to issue execution against such party.

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